3.1.1 Investigations and Human Rights Complaints

Investigating alleged human rights abuses is fundamental to the work of most NHRIs. While the focus is generally geared towards national remedies, there are international and regional bodies where NHRIs play a role. For example, when the protocol on the establishment of the African Court of Justice and Human Rights comes into force (which provides for the merger of the existing African Court on Human and Peoples’ Rights and African Court of Justice), unlike NGOs and other non-state actors, NHRIs will be entitled to bring cases directly to the new Court – and there is already precedent for NHRIs bringing cases before the African Commission on Human and Peoples’ Rights.

According to the Paris Principles, NHRIs may have additional powers through a quasi-judicial mandate, and these NHRIs are required to receive, investigate and resolve complaints (including through settlements, binding decisions and/or on the basis of confidential interventions); to inform complainants of their rights, and of available remedies; and to promote access to remedies, to hear complaints and transmit them to competent authorities; and to make recommendations to competent authorities for redress.

UNCT staff who work with NHRIs in the early stages of establishment must ensure that technical assistance (TA), if it is part of the engagement, includes developing internal capacity to undertake these functions, including to establish effective case management systems in support of an investigation system.

Understanding how a TA project can be developed requires a basic understanding of complaints management. Many NHRIs break down their roles in this area into three basic stages:

Intake and early resolution:

• Triage or screening to eliminate non-meritorious cases, and to ensure that priority cases and emergencies receive appropriate handling;
• Early information and counselling, for all parties, to convey information about rights and obligations;
• Early ADR / mediation services to create a structured alternative dispute resolution system, resolving as many cases as possible at the outset. Some commissions also offer conciliation.

Complaint investigation:

• Strategic and systemic case management strategies;
• Investigating complaints and reporting findings;
• Developing, evaluating and discussing options available to affected individuals, including recourse to international procedures that have no exhaustion of domestic remedies requirements, such as special procedures;
• Making decisions on cases.

Publishing recommendations and seeking remedies:

• Disseminating case reports, investigation results and recommendations;
• Seeking to enforce a decision, or seeking remedies through the courts, where the legislation permits;
• Supporting communications to Treaty Bodies and/or to regional bodies to seek remedies for cases that have exhausted internal remedies at the national level. Some NHRIs have standing to appear before regional bodies such as human rights courts.